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Paying Patients: Legal And Ethical Dimensions, Govind Persad 2019 Assistant Professor, Department of Health Policy and Management, Johns Hopkins University

Paying Patients: Legal And Ethical Dimensions, Govind Persad

Yale Journal of Law and Technology

This Article explores the implications for medical care of a debate that is more familiar in the law and ethics of human subjects research: whether people should be paid to receive or decline medical interventions, or to reach certain health objectives. It examines the legal and ethical issues such payments raise, and considers various actors who might make such payments, including governments, employers, insurers, care providers, and private parties. It argues for two interrelated conclusions: first, that these payments should not be subject to blanket normative condemnation, and, second, that payments made in different settings and contexts frequently share underlying ...


Algorithmic Transparency For The Smart City, Robert Brauneis, Ellen P. Goodman 2019 Professor of Law at the George Washington University Law School

Algorithmic Transparency For The Smart City, Robert Brauneis, Ellen P. Goodman

Yale Journal of Law and Technology

As artificial intelligence and big data analytics increasingly replace human decision making, questions about algorithmic ethics become more pressing. Many are concerned that an algorithmic society is too opaque to be accountable for its behavior. An individual can be denied parole or credit, fired, or not hired for reasons that she will never know and which cannot be articulated. In the public sector, the opacity of algorithmic decision making is particularly problematic, both because governmental decisions may be especially weighty and because democratically elected
governments have special duties of accountability.


Prior Restraints And Digital Surveillance: The Constitutionality Of Gag Orders Issued Under The Stored Communications Act, Al-Amyn Sumar 2019 Associate at Ballard Spahr LLP.

Prior Restraints And Digital Surveillance: The Constitutionality Of Gag Orders Issued Under The Stored Communications Act, Al-Amyn Sumar

Yale Journal of Law and Technology

The First Amendment's prohibition on prior restraints on speech is generally understood to be near-absolute. The doctrine permits prior restraints in only a handful of circumstances, and tends to require compelling evidence of their necessity. The focus of this Article is the source of an unexpected but important challenge to this doctrine: government surveillance in the digital age. Recent litigation about the constitutionality of the Stored Communications Act (SCA) highlights that challenge. The SCA authorizes the government both to obtain a person's stored internet communications from a service provider and to seek a gag order preventing the provider ...


The Drug Repurposing Ecosystem: Intellectual Property Incentives, Market Exclusivity, And The Future Of "New" Medicines, Sam F. Halabi 2019 Fulbright Canada Research Chair in Health Law, Policy, and Ethics, University of Ottawa and Associate Professor, University of Missouri School of Law

The Drug Repurposing Ecosystem: Intellectual Property Incentives, Market Exclusivity, And The Future Of "New" Medicines, Sam F. Halabi

Yale Journal of Law and Technology

The pharmaceutical industry is in a state of fundamental transition. New drug approvals have slowed, patents on blockbuster drugs are expiring, and costs associated with developing new drugs are escalating and yielding fewer viable drug candidates. As a result, pharmaceutical firms have turned to a number of alternative strategies for growth. One of these strategies is "drug repurposing"-finding new ways to deploy approved drugs or abandoned clinical candidates in new disease areas.


Trademark Issues Relating To Digitalized Flavor, John T. Cross 2019 University of Louisville School of Law

Trademark Issues Relating To Digitalized Flavor, John T. Cross

John Cross

Over the past three decades, most people have become accustomed to dealing with music, film, photography, and other expressive media stored in digital format. However, while great strides have been made in digitalizing what we see and hear, there has been far less progress in digitalizing the other senses. This lack of progress is especially evident for the chemical senses of smell and taste. However, all this may soon change. Recently, several groups of researchers have commenced various projects that could store odors and flavors in a digital format, and replicate them for humans.


Dead Ends And Dirty Secrets: Legal Treatment Of Negative Information, 25 J. Marshall J. Computer & Info. L. 619 (2008), John T. Cross 2019 Selected Works

Dead Ends And Dirty Secrets: Legal Treatment Of Negative Information, 25 J. Marshall J. Computer & Info. L. 619 (2008), John T. Cross

John Cross

This article discusses the process of innovation and releasing so-called negative information to help others in the process to innovate. The article focuses on patent law and asks the questions: Why do people innovate? Does the legal system really reflect how the process of innovation actually occurs?


Age Verification In The 21st Century: Swiping Away Your Privacy, 23 J. Marshall J. Computer & Info. L. 363 (2005), John T. Cross 2019 Selected Works

Age Verification In The 21st Century: Swiping Away Your Privacy, 23 J. Marshall J. Computer & Info. L. 363 (2005), John T. Cross

John Cross

Today a lot of private businesses have adopted the practice of driver's license swiping where proof of age or security issues arise. This practice has beneficial uses for both private entities, in identifying underage persons and those with fake identification, and law enforcement. However, the problem arise when the private sector, businesses are not using the information to merely identify underage customers or those with fake identification but store the information encoded on the barcode in a computer database. No federal laws and very few state laws regulate the collection and use of this information while the private sector ...


The Indecency Of The Communications Decency Act § 230: Unjust Immunity For Monstrous Social Media Platforms, Natalie Annette Pagano 2019 Elisabeth Haub School of Law at Pace University

The Indecency Of The Communications Decency Act § 230: Unjust Immunity For Monstrous Social Media Platforms, Natalie Annette Pagano

Pace Law Review

The line between First Amendment protection and the innovation of social media platforms is hazy at best. Not only do these platforms increasingly encompass the lives of many individuals, but they provide incredible new opportunities to interact from near and far, through sharing photographs, videos, and memories. The Internet provides countless outlets that are available at the tip of users’ fingers: thriving forums to communicate nearly whenever and wherever desired. Users effortlessly interact on these platforms and are consistently exposed to numerous forms of speech, including messages through posts, chat room discussions, videos, polls, and shared statements. From 2010 to ...


Platforms, The First Amendment And Online Speech: Regulating The Filters, Sofia Grafanaki 2019 Pace University

Platforms, The First Amendment And Online Speech: Regulating The Filters, Sofia Grafanaki

Pace Law Review

In recent years, online platforms have given rise to multiple discussions about what their role is, what their role should be, and whether they should be regulated. The complex nature of these private entities makes it very challenging to place them in a single descriptive category with existing rules. In today’s information environment, social media platforms have become a platform press by providing hosting as well as navigation and delivery of public expression, much of which is done through machine learning algorithms. This article argues that there is a subset of algorithms that social media platforms use to filter ...


Online Terms As In Terrorem Devices, Colin P. Marks 2019 University of Maryland Francis King Carey School of Law

Online Terms As In Terrorem Devices, Colin P. Marks

Maryland Law Review

Online shopping has quickly replaced the brick-and-mortar experience for a large portion of the consuming public. The online transaction itself is rote: browse items, add them to your cart, and check out. Somewhere along the way, the consumer is likely made aware of (or at least exposed to) the merchant’s terms and conditions, via either a link or a pop-up box. Such terms and conditions have become so ubiquitous that most consumers would be hard-pressed to find a merchant that doesn’t try to impose them somewhere on their website. Though such terms and conditions are pervasive, most consumers ...


Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. McCarthy, Mark Visger 2019 University of Maryland Francis King Carey School of Law

Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. Mccarthy, Mark Visger

Maryland Law Review

Tallinn 2.0 represents an important advancement in the understanding of international law’s application to cyber operations below the threshold of force. Its provisions on cyber espionage will be instrumental to states in grappling with complex legal problems in the area of digital spying. The law of cyber espionage as outlined by Tallinn 2.0, however, is substantially based on rules that have evolved outside of the digital context, and there exist serious ambiguities and limitations in its framework. This Article will explore gaps in the legal structure and consider future options available to states in light of this ...


Cybersecurity Oversight Liability, Benjamin P. Edwards 2019 University of Nevada, Las Vegas William S. Boyd School of Law

Cybersecurity Oversight Liability, Benjamin P. Edwards

Georgia State University Law Review

A changing cybersecurity environment now poses a significant corporate-governance challenge. Although some cybersecurity data breaches may be inevitable, courts now increasingly consider when a corporation’s officers and directors may be held liable on theories that they acted in bad faith and failed to adequately oversee the corporation’s affairs. This short essay reviews recent derivative decisions and encourages corporate boards to recognize that in an environment filled with increasing threats, a reasonable response will require devoting real resources and attention to cybersecurity issues.


Policing Cyberspace: The Uncertain Future Of Data Privacy And Security Enforcement In The Wake Of Labmd, Julia Whall 2019 Boston College Law School

Policing Cyberspace: The Uncertain Future Of Data Privacy And Security Enforcement In The Wake Of Labmd, Julia Whall

Boston College Law Review

On June 6, 2018, in LabMD, Inc. v. Federal Trade Commission (LabMD III), the U.S. Court of Appeals for the Eleventh Circuit vacated a Federal Trade Commission order that required a small medical laboratory to maintain a reasonable data security program following a data breach. The case presented the Eleventh Circuit with the opportunity to clarify the FTC’s data privacy and security enforcement powers under Section 5 of the FTC Act. The court, however, only addressed this issue briefly in dicta, and instead held that the order was unenforceable because it was overly-broad. This Comment argues that Eleventh ...


Topic Modeling The President: Conventional And Computational Methods, J.B. Ruhl, John Nay, Jonathan Gilligan 2019 New York University

Topic Modeling The President: Conventional And Computational Methods, J.B. Ruhl, John Nay, Jonathan Gilligan

J.B. Ruhl

Legal and policy scholars modeling direct actions into substantive topic classifications thus far have not employed computational methods. To compare the results of their conventional modeling methods with the computational method, we generated computational topic models of all direct actions over time periods other scholars have studied using conventional methods, and did the same for a case study of environmental-policy direct actions. Our computational model of all direct actions closely matched one of the two comprehensive empirical models developed using conventional methods. By contrast, our environmental-case-study model differed markedly from the only empirical topic model of environmental-policy direct actions using ...


Bytes Bite: Why Corporate Data Breaches Should Give Standing To Affected Individuals, Caden Hayes 2019 Washington and Lee University School of Law

Bytes Bite: Why Corporate Data Breaches Should Give Standing To Affected Individuals, Caden Hayes

Washington and Lee Journal of Civil Rights and Social Justice

High-profile data hacks are not uncommon. In fact, according to the Privacy Rights Clearinghouse, there have been at least 7,961 data breaches, exposing over 10,000,000,000 accounts in total, since 2005. These shocking numbers are not particularly surprising when taking into account the value of information stolen. For example, cell phone numbers, as exposed in a Yahoo! hack, are worth $10 a piece on the black market, meaning the hackers stood to make $30,000,000,000 from that one hack. That dollar amount does not even consider copies the hackers could make and later resell. Yet ...


Crashworthy Code, Bryan H. Choi 2019 University of Washington School of Law

Crashworthy Code, Bryan H. Choi

Washington Law Review

Code crashes. Yet for decades, software failures have escaped scrutiny for tort liability. Those halcyon days are numbered: self-driving cars, delivery drones, networked medical devices, and other cyber-physical systems have rekindled interest in understanding how tort law will apply when software errors lead to loss of life or limb. Even after all this time, however, no consensus has emerged. Many feel strongly that victims should not bear financial responsibility for decisions that are entirely automated, while others fear that cyber-physical manufacturers must be shielded from crushing legal costs if we want such companies to exist at all. Some insist the ...


Modernizing The Stockholder Shield: How Blockchains And Distributed Ledgers Could Rescue The Appraisal Remedy, Brandon Ferrick 2019 Boston College Law School

Modernizing The Stockholder Shield: How Blockchains And Distributed Ledgers Could Rescue The Appraisal Remedy, Brandon Ferrick

Boston College Law Review

A recent wave of appraisal litigation has highlighted costly flaws in Delaware’s appraisal law. The genesis of the problems stems from dilapidated assumptions about stock ownership and corporate record keeping baked into the Delaware General Corporation Law. Technological advancements, namely distributed ledgers and blockchain technology, promise to bring Delaware’s appraisal law into the twenty-first century while remaining consistent with existing appraisal law. Distributed ledgers and blockchain technology promise lightning fast clearing times, infallible record keeping, and cost-efficient modes of transfer. States, private actors, and laypersons are already recognizing the litany of benefits offered by these technologies. This Note ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Is Trolling Trump A Right Or A Privilege?: The Erroneous Finding In Knight First Amendment Institute At Columbia University V. Trump, Lauren Beausoleil 2019 Boston College Law School

Is Trolling Trump A Right Or A Privilege?: The Erroneous Finding In Knight First Amendment Institute At Columbia University V. Trump, Lauren Beausoleil

Boston College Law Review

On May 23, 2018, in Knight First Amendment Institute at Columbia University v. Trump, the United States District Court for the Southern District of New York considered whether the President of the United States violated the First Amendment rights of individuals by blocking them on Twitter. In doing so, the district court agreed with the plaintiffs’ allegations that blocking constituted impermissible viewpoint discrimination in the context of a public forum. Despite the long history of the public forum doctrine, the information age has presented new questions regarding the doctrine, and Knight First Amendment Institute marks the first instance in which ...


Breaches Within Breaches: The Crossroads Of Erisa Fiduciary Responsibilities And Data Security, Gregg Moran 2019 University of Miami Law School

Breaches Within Breaches: The Crossroads Of Erisa Fiduciary Responsibilities And Data Security, Gregg Moran

University of Miami Law Review

Although the drafters of the Employee Retirement Income Security Act of 1974 (“ERISA”) likely could not have anticipated the data security issues of the twenty-first century, ERISA’s duty of prudence almost certainly requires employee benefit plan fiduciaries to protect sensitive participant data in at least some manner. This Article suggests the Department of Labor should issue a regulation clarifying fiduciaries’ data security obligations. Given that fiduciaries are in the best positions to recognize their plans’ individual security needs and capabilities, the regulation should not attempt to micromanage fiduciaries’ substantive data security policies; rather, it should focus on the procedures ...


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